Durgala v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0003V Filed: April 24, 2015

Unpublished **************************** KIMBERLY DURGALA, *

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Petitioner, * Ruling on Entitlement; Concession;

* Influenza or Flu Vaccine; * Shoulder Injury Related to

SECRETARY OF HEALTH * Vaccine Administration; SIRVA; AND HUMAN SERVICES, * Special Processing Unit

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Respondent. *

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**************************** Michael McLaren, Esq. Black, McLaren, Jones, Ryland & Griffee, P.C., Memphis, TN, for petitioner.

Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.

RULING ON ENTITLEMENT1 Vowell, Chief Special Master:

On January 5, 2015, Kimberly Durgala filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered a shoulder injury related to vaccine administration [“SIRVA”] which was caused by the trivalent influenza vaccine she received on November 25, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 24, 2015, respondent filed her Rule 4(c) report in which she concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent “has concluded that a preponderance of evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by the administration of her November 25, 2013, flu vaccine.” Id. at 2. Respondent further agrees that petitioner’s injury lasted for more than six months and “is not due to factors unrelated to the administration of the flu vaccine.” Id.

In view of respondent’s concession and the evidence before me, I find that petitioner is entitled to compensation. s/Denise K. Vowell Denise K. Vowell Chief Special Master